From Casetext: Smarter Legal Research

Strong v. Hubbard

United States District Court, Ninth Circuit, California, E.D. California
Dec 29, 2010
1:08-cv-00087-LJO-GBC PC (E.D. Cal. Dec. 29, 2010)

Opinion


GEORGE BERRY STRONG, Plaintiff, v. SUSAN HUBBARD, et al., Defendants. No. 1:08-cv-00087-LJO-GBC PC. United States District Court, E.D. California. December 29, 2010.

          ORDER ADOPTING FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND REFERRING MATTER BACK TO MAGISTRATE JUDGE TO INITIATE SERVICE OF PROCESS (Doc. 19)

          LAWRENCE J. O'NEILL, District Judge.

         Plaintiff George Berry Strong ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S. C. § 1983. Plaintiff filed this action on January 17, 2008. (Doc. 1.) A first amended complaint was filed on August 12, 2009. (Doc. 15.) On November 9, 2010, the Magistrate Judge screened Plaintiff's complaint, and found that it states a claim against Defendants Hubbard and Clark for deliberate indifference in violation of the Eighth Amendment, but does not state any other claims for relief under section 1983. 28 U.S. C. § 1915A. Plaintiff was given thirty days to file an objection to the findings and recommendations and no objection has been filed. (Doc. 19.)

         Accordingly, IT IS HEREBY ORDERED that:

1. This action will proceed on Plaintiff's first amended complaint, filed August 12, 2009, against Defendants Hubbard and Clark for deliberate indifference in violation of the Eighth Amendment;

2. Plaintiff's equal protection claim is dismissed, with prejudice, for failure to state a claim under section 1983; and

3. This matter is referred back to the Magistrate Judge to initiate service of process proceedings.

         IT IS SO ORDERED.


Summaries of

Strong v. Hubbard

United States District Court, Ninth Circuit, California, E.D. California
Dec 29, 2010
1:08-cv-00087-LJO-GBC PC (E.D. Cal. Dec. 29, 2010)
Case details for

Strong v. Hubbard

Case Details

Full title:GEORGE BERRY STRONG, Plaintiff, v. SUSAN HUBBARD, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 29, 2010

Citations

1:08-cv-00087-LJO-GBC PC (E.D. Cal. Dec. 29, 2010)